BENAVIDES, Circuit Judge:
Earlier this week, the Supreme Court decided that Eighth Amendment challenges to a state's method of execution may properly be brought under 42 U.S.C. § 1983. See Hill v. McDonough, ___ U.S. ___, ___ S.Ct. ___, ___ L.Ed.2d ___ (2006). We have such a suit before us today. In this opinion, however, we only address narrow issues of civil procedure. The result is that we affirm in part and modify in part, remanding for further proceedings...
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